R6 Copyrights & Patents (F) Flashcards
Works Protected by Copyrights
Literary works Musical works and choreography works Pictures and films Sculptures Computer programs (source code) Architectural works and foreign language reproduction of copyrighted works
Copyright
A federal right that gives authors of original works certain rights to control the reproduction of the work. Exclusive right to:
Reproduce the work
Prepare derivative works based off the work
Distribute copies of the work
Perform or display the work publicly
Fair Use Doctrine
Allows the use of copyrighted work without the owner’s permission for purposes of
Criticism and comments
News reporting
Teaching
Who owns a copyright?
Typicaly the creator of a copyrighted work owns the copyright. Except
If the work was created by an employee for his employer within the scope of employment, the employer owns the work
If someone commissioned the work to be created the person commissioning the work is the owner
Rights transferable if in writing
Copyright Protection
In a suit for copyright infringement, the copyright owner need only prove ownership and a violation of copyright
Does not have to prove fault
Does not have to prove entire work was taken
Remedies of Copyright Infringement
Injunction
Impoundment of the offending material
Damages, including profits made bythe individual or statutory damages of between $500 and $20,000 ($100,000 if the infringement was willful)
Costs of bringing the suit
A criminal fine of up to $250,000 or 5years jail
Lifetime of Copyrights
A copyright of an individual lasts forthe author’s lifetime plus 70 years
A copyright of a corporation lasts 95 years from the time it was first published or 120 years from its creation, whichever is earlier
Patents
A federal right to protect an invention, process, or design that is
novel
useful
not obvious to a person skilled in the area
Things Protected by Patents
Machines Chemical compounds Plants produced by asexual reproduction Genetically engineered bacteria Computer programs
Things not protected by patents
Naturally occurring substances, abstract ideas, laws of nature, and ideas may not be patented.
Neither may business methods, such as new accounting techniques
Application for Patent
Patent protection is only available upon issuance of patent by the U.S. Patent and Trademark Office (PTO)
Must include the design specifications that describe how the product works, drawings, and an explanation of why it is patentable
Who owns a patent?
Typicaly, the creator of a patented item owns a patent unless:
The work was created by an employee created the patented item for his employer in the scope of employment, the employee owns the patent but it must be used for the employer’s benefit and must assign the right to the employer
Rights transferable in writing
Shop Right
If an employee was not hired to create the patented product, but used the employer’s facilities to create the patented product, the employer has the right to nonexclusive use of the patent without paying a royalty
Patent Protection
If a patent is granted, the owner of the patent has the exclusive right to make, use and sell the invention for which the patent was issued
Remedies for Patent Infringement
Injunction
Damages at least equal to a reasonable royalty for using the patent; treble damages if the unauthorized use was unintentional
Attorney fees and costs of bringing the suit
